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Tuesday, August 3, 2010

Five Tips for Fighting Back Against FMLA Abuse

It’s only a small number of employees who take advantage of family and medical leave—estimates put it between five and 10 percent of the workforce—but because they keep taking leave over and over again, in any and every way they can, the costs add up in terms of the price of temporary help, lost productivity, missed deadlines, late shipments, lost business, and overworked staff.

Abuse of the Family and Medical Leave Act (FMLA) typically manifests itself as regular long weekends (the “Friday/Monday Leave Act”) and/or annual illness at the same time of year, often following denied requests for time off, during nice weather, or at traditional holidays. And then there is the employee with the “perfect fit.” That’s the one who manages to use exactly 12 weeks of leave every year.

FMLA abusers believe that there is nothing an employer can do about it as long as they get their certification. Matthew S. Effland explained how to fight back: